ARTICLE
25 September 2024

Regulatory Updates

J
JSA

Contributor

JSA is a leading national law firm in India with over 600 professionals operating out of 7 offices located in: Ahmedabad, Bengaluru, Chennai, Gurugram, Hyderabad, Mumbai and New Delhi. Our practice is organised along service lines and sector specialisation that provides legal services to top Indian corporates, Fortune 500 companies, multinational banks and financial institutions, governmental and statutory authorities and multilateral and bilateral institutions.
In a significant step towards fostering an environment of flexibility for businesses, the state government of Karnataka on June 10, 2024 has once again exempted certain categories...
India Employment and HR

Karnataka exempts IT/ITeS establishments from the Industrial Employment (Standing Orders) Act, 1946

In a significant step towards fostering an environment of flexibility for businesses, the state government of Karnataka on June 10, 2024 has once again exempted certain categories of establishments including in the information technology (“IT”) / IT-enabled services (“ITeS”) sector from applicability of the Industrial Employment (Standing Orders) Act, 1946 for an additional term of 5 (five) years. This remarkable development not only empowers establishments to implement global policies but also fuels a business-friendly environment by streamlining operations in the state. By extending the exemption, the government once again paves the way for a more efficient, agile, and adaptable work environment, aligning with the evolving needs of modern businesses. However, employers will need to comply with certain pre-conditions in order to avail this exemption. For a detailed analysis, please refer to the JSA Prism of June 17, 2024.

Unlocking operational flexibility for technology companies in Telangana: Key highlights of the latest exemption

The state government of Telangana has on June 7, 2024 renewed an exemption under the Telangana Shops and Establishments Act, 1988, for a further period of 4 (four) years, that is, up to May 29, 2028, offering greater operational flexibility to businesses, while simultaneously ensuring that employee well-being is a top priority. This move aims to foster a conducive environment for the sector to thrive by providing relaxations on inter alia working hours, overtime limits, work performed on national/festival holidays, engagement of young persons and women in night shifts and more. Further, in a nod to the digital age, employers have now been permitted to maintain statutory registers in soft copy, streamlining operations in today's fast-paced world. While providing leeway on specific operational aspects, the relaxation comes with a set of pre-defined conditions aimed at safeguarding the interests and well-being of employees. For a detailed analysis, please refer to the JSA Prism of June 20, 2024.

Employees' Provident Fund Organisation issues temporary measure to settle physical claims and benefits of beneficiaries in case of death

Ministry of Labour & Employment, Government of India vide circular dated May 17, 2024 allowed processing of physical claims without seeding Aadhaar as a temporary measure to confirm membership of the deceased and genuineness of claimants (with the due approval of the OIC in an e-office file duly recording details of verification done). The directions were issued since timely release of benefits to beneficiaries were delayed in case of death due to inaccurate/incomplete member details in Aadhaar, which could not be updated or corrected after death of the member. These directions will apply only to cases where details of members are correct in universal account number, but inaccurate or incomplete in Aadhaar database.

Government of Puducherry revises wages of Full Time Casual Labourers (“FTCL”) in various government departments

Finance Department, Government of Puducherry vide order dated May 13, 2024 revised wages of persons engaged as FTCL (for 6 (six) categories) in various departments in the Union Territory of Puducherry effective from January 1, 2024. This was done subsequent to increase in rate of dearness allowance from 46% to 50% in respect of regular government employees, drawing pay as per 7th Central Pay Commission.

Government of NCT of Delhi issues order regarding deposit of license fee by private placement agencies

Office of Commissioner (Labor), Government of NCT of Delhi vide order dated May 2, 2024 directed private placement agencies providing workers, to deposit license fee pertaining to services of grant of license amounting to INR 5,000 (Indian Rupees five thousand) under the Contract Labour (Regulation and Abolition) Rules, 1970. The service of grant of license to private placement agencies providing workers is available on e-district portal.

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